Dauenhauer proposes excavating about 45 acres that have been zoned aggregate resource by the county.

Dauenhauer first attempted to establish a quarry operation at his property in the mid-1990s, leading to the eventual rezoning from exclusive farm use to aggregate resource.

Neighbors appealed the county approval to LUBA, which decided in their favor and sent the matter back to the county hearings officer in 2003. Dauenhauer has since dropped plans for a 24-hour-a- day asphalt operation.

Schultz said his client hasn&

t decided what the next step will be, but he foresees an appeal of the LUBA decision to the state Court of Appeals.

He said his client could either drop the idea or submit a whole new application to the county, which would require an expensive traffic study.

&

It&

s up to my client and his family to decide,&

he said.

Dauenhauer said Tuesday that he wasn&

t aware of the LUBA ruling and preferred not to comment.

Schultz understands that neighbors have concerns about the proposed rock plant. &